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Assembly Bill A2960

2013-2014 Legislative Session

Provides factors and requirements to be considered and followed when health care practitioner's diagnosis differs from treating health care practitioner as to disability

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Archive: Last Bill Status - In Senate Committee Social Services Committee

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2013-A2960 (ACTIVE) - Details

See Senate Version of this Bill:
S428
Current Committee:
Senate Social Services
Law Section:
Social Services Law
Laws Affected:
Amd ยง332-b, Soc Serv L
Versions Introduced in Other Legislative Sessions:
2009-2010: A1417, S5547
2011-2012: A2957, S1326
2015-2016: A3450, S1840
2017-2018: A3045, S4195
2019-2020: A4236, A8994, S4584, S4641
2021-2022: A3149

2013-A2960 (ACTIVE) - Summary

Provides factors to be considered when a health care practitioner's opinion differs from that of referral's treating health care practitioner as to a disability; requires such health care practitioner to provide an explicit written determination and to present evidence when such practitioner's diagnosis differs from that of the treating health care practitioner who referred the patient.

2013-A2960 (ACTIVE) - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  2960

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            January 22, 2013
                               ___________

Introduced by M. of A. WRIGHT, GLICK, JAFFEE -- Multi-Sponsored by -- M.
  of  A. COOK, LAVINE, ROBINSON -- read once and referred to the Commit-
  tee on Social Services

AN ACT to amend the social services law,  in  relation  to  establishing
  factors  to  be considered when a health care practitioner  upon exam-
  ination has a different opinion from an  applicant's  treating  health
  care  practitioner's  opinion  as  to  an  applicant's disability; and
  requiring an explicit written determination by the health care practi-
  tioner when the diagnoses differ

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Section  332-b  of  the social services law is amended by
adding two new subdivisions 4-a and 4-b to read as follows:
  4-A. IF THE PRACTITIONER TO WHOM THE INDIVIDUAL IS  REFERRED  PURSUANT
TO  SUBDIVISION FOUR OR PARAGRAPH (B) OF SUBDIVISION TWO OF THIS SECTION
ISSUES AN OPINION THAT DIFFERS FROM THE APPLICANT'S TREATING HEALTH CARE
PRACTITIONER, THE PRACTITIONER MUST PROVIDE AN EXPLICIT WRITTEN DETERMI-
NATION AS TO WHY THE PRACTITIONER DISAGREES WITH THE APPLICANT'S  TREAT-
ING  HEALTH  CARE  PRACTITIONER'S  DISABILITY  DETERMINATION AND PRESENT
EVIDENCE THAT SUPPORTS THE OPINION.
  4-B. IN THE EVENT THE PRACTITIONER TO WHOM THE INDIVIDUAL IS  REFERRED
PURSUANT TO SUBDIVISION FOUR OR PARAGRAPH (B) OF SUBDIVISION TWO OF THIS
SECTION  ISSUES  AN  OPINION  THAT DIFFERS FROM THE APPLICANT'S TREATING
HEALTH CARE PRACTITIONER'S OPINION, THE APPLICANT'S TREATING HEALTH CARE
PRACTITIONER'S OPINION IS GENERALLY CONTROLLING,  SUBJECT  TO,  BUT  NOT
LIMITED TO, THE FOLLOWING FACTORS:
  (A) THE LENGTH AND FREQUENCY OF THE TREATMENT PROVIDED,
  (B) CONSISTENCY OF THE OPINION WITH THE RECORD AS A WHOLE,
  (C) THE DEGREE TO WHICH THE OPINION IS SUPPORTED BY CONCRETE EVIDENCE,
AND
  (D) THE PRACTITIONER'S SPECIALTY.
  S  2.  This  act shall take effect on the ninetieth day after it shall
have become a law.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

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